HCJ 3348/15 - Badir et al. v. Military Commander of the West Bank et al. Petition for Order Nisi

Court Documents | 3348/15 | 14.5.2015

HaMoked's petition to have the military return the body of a Palestinian to his family. The man was killed in 2002 while committing an attack and the military has been holding his body ever since. HaMoked asserts that respect for the dead, regardless of identity and actions in life, forms an integral part of the principle of human dignity. HaMoked notes that Israel has been keeping the man's body for 13 years, while denying his family's right to bring his body to burial in a recognized cemetery according to their faith and tradition; further, that the military's decision does not meet the tests of purposefulness and proportionality required in exercising the military commander's authority to withhold the body.